What is an en banc appeal?

An en banc appeal is an appeal made before all the judges of a court, rather than the usual three-judge panel. This type of appeal is typically utilized in Florida criminal cases when the outcome of the initial appeal could have significant consequences on the legal system, and therefore requires the opinion of all judges in the court to review and decide the matter at hand. In Florida, en banc appeals are typically heard by the District Court of Appeal. This court is composed of five judges and, in some cases, the Chief Judge. An en banc appeal is different from a normal appeal in that all five judges must agree on the outcome. If one or more judges disagree, the decision of the majority prevails. Should the District Court’s decision be appealed further, the case can be taken to the Florida Supreme Court, which is composed of seven justices that can hear the case as an en banc appeal. This means that all seven justices must agree on the outcome of the appeal. This is the highest level of appellate review in Florida criminal cases and the decision is final. En banc appeals are rare and are usually reserved for cases of great importance. This type of appeal offers all judges on the court the opportunity to review the case and provide an opinion on the matter. The decision reached through this process carries more legal weight and credibility than a decision made through a three-judge panel.

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What is an en banc appeal?

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